Par: Ryan Schlief, Posté le: Jul 2 09

Regions: India, Southern Asia

Issues: Discrimination, LGBTQ, Minorities

Tags: Gay Rights, high court, india, LGBT, queer movement, section 377

A quick dispatch from Delhi, where I am working with our partner Chintan right now. The Delhi High Court today handed down a ruling scrapping part of Section 377 (pdf) that, in the words of one Indian colleague, sees "India taking another step closer to the intent of the framers of its constitution."

What's Section 377?  It's a clause in the Indian Penal Code drafted in 1860 when India was still under British colonial rule that has been used to prevent and criminalize consensual sex between same sex adults.  It subsequently found its way into the legal frameworks of other British colonies, and remains in force in a number of these now independent countries (for more on this, see this HRW report from December 2008).

Having followed for years the activism to decriminalize consensual sex between same sex adults in India, it's clear that the decision by the Delhi High Court is a massive landmark for the Queer rights movement in India - and potentially beyond.  Thousands have worked for years to remove the colonial law and to end the attacks, extortion and discrimination against LGBT persons in Delhi and throughout India.  But this ruling (which applies only in Delhi) also gives Indian society at large a springboard for further legal and social action towards equality. IGLHRC offers one way for those outside India to show your support for the ruling.

It's amazing that this victory so closely follows the second public Delhi Queer Pride Parade this past Sunday. I am heading Thursday night to celebrate here in Delhi!

[With additional reporting by Sameer Padania]